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Can a relative force me to give up POA rights to my mother?

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HGL517

Junior Member
What is the name of your state (only U.S. law)? Michigan

Due to a recent family fight, my sister is trying to force me to give up of financial and medical POA rights for my mother. When they were first drawn up, my uncle was the financial POA & I was the medical POA. At this time, my mother was compendant. This was 2003 and my sister wasn't even able to be either type of POA due to drug addiction.

After an argument between my Uncle and sister not related to my parent in 2007, we changed the Financial POA to my sister and myself (omitting my Uncle) and I continued to be the Medical POA.

A year went by and my sister decided to reconnect with my uncle after joining Alcoholic Anonymous. My uncle did not even visit his sister that entire time and now my uncle and sister are planning to force me to give up both financial and medical POA rights. My sister has admitted that she is too emotional to handle being our parent's POA and that she rather have our uncle be both and cut me out of the picture completely. This is just my sister's way to try and hurt me since I didn't care that she didn't want to be family anymore (She is bi-polar and not taking her medication).

My uncle (who works for a law firm) is saying that fraud was committed because I do not have detailed records of how my mother's SSI money was spent and I am responsible even though both my sister and I were financial POA.

I am so scared that they will some how find a way to omit me from having any say in my mother's medical treatment. My mom (a former physician) was the one who appointed me as her medical power of attorney before she battled stage III cancer and dementia. She now has moderate Alzheimer's Disease.

Any advice would be greatly appreciated and if you need more information, please ask.
 


BlondiePB

Senior Member
What is the name of your state (only U.S. law)? Michigan

Due to a recent family fight, my sister is trying to force me to give up of financial and medical POA rights for my mother. When they were first drawn up, my uncle was the financial POA & I was the medical POA. At this time, my mother was compendant. This was 2003 and my sister wasn't even able to be either type of POA due to drug addiction.

After an argument between my Uncle and sister not related to my parent in 2007, we changed the Financial POA to my sister and myself (omitting my Uncle) and I continued to be the Medical POA.

A year went by and my sister decided to reconnect with my uncle after joining Alcoholic Anonymous. My uncle did not even visit his sister that entire time and now my uncle and sister are planning to force me to give up both financial and medical POA rights. My sister has admitted that she is too emotional to handle being our parent's POA and that she rather have our uncle be both and cut me out of the picture completely. This is just my sister's way to try and hurt me since I didn't care that she didn't want to be family anymore (She is bi-polar and not taking her medication).

My uncle (who works for a law firm) is saying that fraud was committed because I do not have detailed records of how my mother's SSI money was spent and I am responsible even though both my sister and I were financial POA.

I am so scared that they will some how find a way to omit me from having any say in my mother's medical treatment. My mom (a former physician) was the one who appointed me as her medical power of attorney before she battled stage III cancer and dementia. She now has moderate Alzheimer's Disease.

Any advice would be greatly appreciated and if you need more information, please ask.
Did you report to SSI?
 

HGL517

Junior Member
Yes, I always reported to SSI that her income was used for Room and board, utilities, medical care, rx, transportation, food, clothes, etc. They do not ask for detailed accounts of exactly what you bought or the date that you spent it. The letter just asked:

How much did you spend on Room and board, utilities: $ XXXX.XX

How much did you spend on medical care, Rxs,
transportation, food, clothes, etc : $XXXX.XX

If you placed any into a savings account, how much: $XXXX.XX

Then you sign that the information is true to the best of your knowledge.
 

BlondiePB

Senior Member
Yes, I always reported to SSI that her income was used for Room and board, utilities, medical care, rx, transportation, food, clothes, etc. They do not ask for detailed accounts of exactly what you bought or the date that you spent it. The letter just asked:

How much did you spend on Room and board, utilities: $ XXXX.XX

How much did you spend on medical care, Rxs,
transportation, food, clothes, etc : $XXXX.XX

If you placed any into a savings account, how much: $XXXX.XX

Then you sign that the information is true to the best of your knowledge.
Since when does SSI recognize POAs? :confused:
 

HGL517

Junior Member
I dont think that they do but I was her SSI payee from 2005 - until my mom moved into her first AFC 5 weeks ago.
 

HGL517

Junior Member
Then, how did you become her payee?

Who is her payee now and how did that change?
I became my mom's payee after she came home after colon cancer surgery and they said that she had delirium, which became dementia, that evolved into Alzheimer's.

When she moved into the first AFC, I transferred the payee to the AFC to pay for her room/board. When she moved into the current AFC, my sister/uncle transferred it to the new AFC.
 

BlondiePB

Senior Member
I became my mom's payee after she came home after colon cancer surgery and they said that she had delirium, which became dementia, that evolved into Alzheimer's.

When she moved into the first AFC, I transferred the payee to the AFC to pay for her room/board. When she moved into the current AFC, my sister/uncle transferred it to the new AFC.
One does not just become another person's Payee without jumping through the correct legal steps. A Representative Payee cannot just transfer his/her duties to another person.

A Representative Payee must keep all receipts of every penny of the beneficiary's monies.

A person with Alzheimers cannot grant a new POA.
 
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HGL517

Junior Member
One does not just become another person's Payee without jumping through the correct legal steps. A Representative Payee cannot just transfer his/her duties to another person.

A Representative Payee must keep all receipts of every penny of the beneficiary's monies.

A person with Alzheimers cannot grant a new POA.
I do not understand Blondie. I transferred the payee to the AFC administrator to pay for the room/board. We went to the SSI office to do this.

After we removed my mother from the first AFC, my sister said that she would handle transferring the payee to the new AFC (I do not know how she did this, she just said that she did it).

A person with Alzheimers cannot grant a new POA.
So if my sister and uncle say that they want me to resend my POA rights and I say "No. I prefer not to do that", they can not do anything about it?

Thank you again. I really appreciate you taking the time to answer my questions.
 

BlondiePB

Senior Member
I do not understand Blondie. I transferred the payee to the AFC administrator to pay for the room/board. We went to the SSI office to do this.

After we removed my mother from the first AFC, my sister said that she would handle transferring the payee to the new AFC (I do not know how she did this, she just said that she did it).



So if my sister and uncle say that they want me to resend my POA rights and I say "No. I prefer not to do that", they can not do anything about it?

Thank you again. I really appreciate you taking the time to answer my questions.
Your uncle, the attorney, would know that mom is not competent to either revoke or grant a new POA. Therefore, he would petition for guardianship.
 

HGL517

Junior Member
Your uncle, the attorney, would know that mom is not competent to either revoke or grant a new POA. Therefore, he would petition for guardianship.
Thank you blondie. My uncle is not an attorney. He works for a law firm (I never asked what he did for them).

If he petitions for guardianship, can i stop him from obtaining it. Should I apply first? I considered applying for guardianship of my mother but she had not be dx with dementia yet so I hoped that she would have improved.
 

BlondiePB

Senior Member
Thank you blondie. My uncle is not an attorney. He works for a law firm (I never asked what he did for them).

If he petitions for guardianship, can i stop him from obtaining it. Should I apply first? I considered applying for guardianship of my mother but she had not be dx with dementia yet so I hoped that she would have improved.
Uncle who works for an attorney would know mom needs to be competent to sign estate legal documents, including a POA.

Guardianship would be a great to do. Do it first. They do have a right to have their say-so at the hearing. Since sis is a drug addict/alcoholic, she's not eligible. Read your state statutes regarding eligibility of guardians. Have a good night & good luck.
 

HGL517

Junior Member
Thank you! Thank you! Thank you Blondie. You have been a true blessing to me.

I will be sleeping soundly tonight because of you.

Have a wonderful Memorial Weekend :)
 

latigo

Senior Member
Answer these questions if you will:

1. Was your grant of the power of attorney made durable? If not, then your POA is null and void.

2. Has there been a Conservator appointed for your mother? And if so who was appointed?

3. If no Conservator has been appointed, on what purported authority are these people acting on mother's behalf?

4. If a Conservator has not been appointed, whey haven't you applied?

Your nutty alcoholic sister does not appear to be qualified and you certainly have statutory priority over your uncle.

You need to spend some money with an expensive attorney. If this uncle is half as smart as he thinks he is, he’s going to try to obtain control of mother’s financial affairs as her Conservator and from what you describe bring some sort of action against you for an accounting.

Don’t wait for that to happen before getting sound professional advice and guidance through this mess. Snooze and you could lose dearly, friend!

Sax
 

Kiawah

Senior Member
What does the POA document actually state, in regards to under what circumstances the named POA can be replaced (or resign), and what is that process?
 

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